Comparison of Common Law and Civil Law Essay
COMMON LAW(characteristics)for comparing or contrast purpose
Common law systems are mostly found in former british colony and protectorate including US, it is less prescriptive than civil law system,citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage.
1)represents the law of courts as expressed in judicial decision
2)based on precedents provided by past judicial decisions,no written statues or prescribed texts
3)trial by the jury and the doctrine of the supremacy of the law(originally meant king above law,now means acts of governmentall agencies are subject to scruting in ordinary legal proceedings)
4)everything is permitted which is not prohibited …show more content…
There are few provisions implied into a contract under the common law system – it is therefore important to set out ALL the terms governing the relationship between the parties to a contract in the contract itself. This will often result in a contract being longer than one in a civil law country.
1)based on statues and prescribed texts.
2)available in written form, specific codes covering mostly
3)corporate,tax,constitution with basic rights and duties
4)only legislative enactments are binding
5)precedents are to be followed
Countries following a civil law system are typically those that were former French, Dutch, German, Spanish or Portuguese colonies or protectorates, including much of Central and South America. Also, most of the Central and Eastern European and East Asian countries follow a civil law structure.
The civil law system is a codified system of law. It takes its origins from Roman law. Features of a civil law system include: * There is generally a written constitution based on specific codes (e.g., civil code, codes covering corporate law, administrative law, tax law and constitutional law) enshrining basic rights and duties; administrative law is however usually less codified and administrative court judges tend to behave more like common law